50 U.S.C. § 3611 — Cryptologic research grant program

Page 933 TITLE 50—WAR AND NATIONAL DEFENSE § 3611 (B) appoint, promote, and assign individuals to positions established within the Senior Cryptologic Executive Service without regard to the provisions of title 5 governing appoint- ments and other personnel actions in the com- petitive service. (3) The President, based on the recommenda- tions of the Secretary of Defense, may award ranks to members of the Senior Cryptologic Ex- ecutive Service in a manner consistent with the provisions of section 4507 of title 5. (4) Notwithstanding any other provision of this section, the Director of the National Secu- rity Agency may detail or assign any member of the Senior Cryptologic Executive Service to serve in a position outside the National Security Agency in which the member’s expertise and ex- perience may be of benefit to the National Secu- rity Agency or another Government agency. Any such member shall not by reason of such de- tail or assignment lose any entitlement or sta- tus associated with membership in the Senior Cryptologic Executive Service. (b) Merit pay system The Secretary of Defense (or his designee) may by regulation establish a merit pay system for such employees of the National Security Agency as the Secretary of Defense (or his designee) considers appropriate. The merit pay system shall be designed to carry out purposes con- sistent with those set forth in section 5401(a) of title 5. (c) Maximum pay for fiscal year Nothing in this section shall be construed to allow the aggregate amount payable to a mem- ber of the Senior Cryptologic Executive Service under this section during any fiscal year to ex- ceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such year. (Pub. L. 86–36, § 12, as added Pub. L. 97–89, title VI, § 603, Dec. 4, 1981, 95 Stat. 1156; amended Pub. L. 101–194, title V, § 506(c)(2), Nov. 30, 1989, 103 Stat. 1759; Pub. L. 104–106, div. A, title X, § 1064(b), Feb. 10, 1996, 110 Stat. 445.) Editorial Notes REFERENCES IN TEXT Section 2, referred to in subsec. (a)(1)(C), meant sec- tion 2 of Pub. L. 86–36, May 29, 1959, 73 Stat. 63; Pub. L. 87–367, title II, § 201, Oct. 4, 1961, 75 Stat. 789; Sept. 23, 1950, ch. 1024, title III, § 306(a), as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170; Pub. L. 88–426, title III, § 306(h), Aug. 14, 1964, 78 Stat. 430; Pub. L. 88–631, § 3(d), Oct. 6, 1964, 78 Stat. 1008; Pub. L. 89–632, § 1(e)(1), Oct. 8, 1966, 80 Stat. 878; Pub. L. 102–496, title IV, § 405, Oct. 24, 1992, 106 Stat. 3186, which related to authority of Sec- retary of Defense to establish positions and fix com- pensation, prior to repeal by Pub. L. 104–201, div. A, title XVI, §§ 1633(b)(1), 1635, Sept. 23, 1996, 110 Stat. 2751, 2752, effective Oct. 1, 1996. A new section 2 of Pub. L. 86–36 subsequently was added by Pub. L. 111–259, title IV, § 433, Oct. 7, 2010, 124 Stat. 2732, and is classified to section 3602 of this title. Section 3393a of title 5, referred to in subsec. (a)(1)(H), was repealed by Pub. L. 107–296, title XIII, § 1321(a)(1)(B), Nov. 25, 2002, 116 Stat. 2296. Level I of the Executive Schedule, referred to in sub- sec. (c), is set out in section 5312 of Title 5, Government Organization and Employees. CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. AMENDMENTS 1996—Subsec. (a)(5). Pub. L. 104–106 struck out par. (5), which required the Director of the National Security Agency to submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate annual reports on executive personnel in the National Security Agency. 1989—Subsec. (a)(1)(F). Pub. L. 101–194, § 506(c)(2)(A), struck out ‘‘and’’ at end of subpar. (F). Subsec. (a)(1)(G). Pub. L. 101–194, § 506(c)(2)(B), which directed amendment by inserting ‘‘and’’ after the semi- colon at the end of subpar. (G), was executed by sub- stituting ‘‘; and’’ for the period at the end of subpar. (G), to reflect the probable intent of Congress. Subsec. (a)(1)(H). Pub. L. 101–194, § 506(c)(2)(C), added subpar. (H). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–194 effective Jan. 1, 1991, see section 506(d) of Pub. L. 101–194, set out as a note under section 3151 of Title 5, Government Organization and Employees. EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3611. Cryptologic research grant program (a) Authorization The Director of the National Security Agency may make grants to private individuals and in- stitutions for the conduct of cryptologic re- search. An application for a grant under this section may not be approved unless the Director determines that the award of the grant would be clearly consistent with the national security. (b) Conduct of program The grant program established by subsection (a) shall be conducted in accordance with chap- ter 63 of title 31 to the extent that such chapter is consistent with and in accordance with sec- tion 3605 of this title. (c) Authority limited to availability of appro- priated funds The authority of the Director to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose. (Pub. L. 86–36, § 13, as added Pub. L. 97–89, title VI, § 603, Dec. 4, 1981, 95 Stat. 1158.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. In subsec. (b), ‘‘chapter 63 of title 31’’ substituted for ‘‘the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)’’ and ‘‘such chapter’’ sub- stituted for ‘‘such Act’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Page 934 TITLE 50—WAR AND NATIONAL DEFENSE § 3612 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3612. Availability of appropriations Funds appropriated to an entity of the Federal Government other than an element of the De- partment of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the National Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years. (Pub. L. 86–36, § 14, as added Pub. L. 97–89, title VI, § 603, Dec. 4, 1981, 95 Stat. 1158.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3613. Misuse of Agency name, initials, or seal (a) No person may, except with the written permission of the Director of the National Secu- rity Agency, knowingly use the words ‘‘National Security Agency’’, the initials ‘‘NSA’’, the seal of the National Security Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, imper- sonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the National Security Agency. (b) Whenever it appears to the Attorney Gen- eral that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by sub- section (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hear- ing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent in- jury to the United States or to any person or class of persons for whose protection the action is brought. (Pub. L. 86–36, § 15, as added Pub. L. 97–89, title VI, § 603, Dec. 4, 1981, 95 Stat. 1158.) Editorial Notes CODIFICATION Section was formerly classified in a note under sec- tion 402 of this title prior to editorial reclassification as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1981, see section 806 of Pub. L. 97–89, set out as a note under section 1621 of Title 10, Armed Forces. § 3614. Louis Stokes Educational Scholarship Program (a) Establishment The purpose of this section is to establish an undergraduate and graduate training program, which may lead to a baccalaureate or graduate degree, to facilitate the recruitment of individ- uals, particularly minority high school stu- dents, with a demonstrated capability to de- velop skills critical to the mission of the Na- tional Security Agency, including mathematics, computer science, engineering, and foreign lan- guages. (b) Assignment for training The Secretary of Defense is authorized, in his discretion, to assign civilians who may or may not be employees of the National Security Agen- cy as students at accredited professional, tech- nical, and other institutions of higher learning for training at the undergraduate or graduate level in skills critical to effective performance of the mission of the Agency. (c) Payment of expenses The National Security Agency may pay, di- rectly or by reimbursement to program partici- pants, expenses incident to assignments under subsection (b), in any fiscal year only to the ex- tent that appropriated funds are available for such purpose. (d) Eligibility (1) To be eligible for assignment under sub- section (b), a program participant must agree in writing— (A) to continue in the service of the Agency for the period of the assignment and to com- plete the educational course of training for which the program participant is assigned; (B) to continue in the service of the Agency following completion of the assignment for a period of one-and-a-half years for each year of the assignment or part thereof; (C) to reimburse the United States for the total cost of education (excluding the program participant’s pay and allowances) provided under this section to the program participant if, prior to the program participant’s com- pleting the educational course of training for which the program participant is assigned, the assignment or the program participant’s em- ployment with the Agency is terminated— (i) by the Agency due to misconduct by the program participant; (ii) by the program participant volun- tarily; or (iii) by the Agency for the failure of the program participant to maintain such level of academic standing in the educational course of training as the Director of the Na- tional Security Agency shall have specified in the agreement of the program participant under this subsection; and (D) to reimburse the United States if, after completing the educational course of training